JOINT STIPULATION AND ORDER FOR LEAVE TO FILE THIRD AMENDED COMPLAINT

HAYWOOD S. GILLIAM, Jr., District Judge.

Pursuant to Civil Local Rules 7-12 and 10-1 of the United States District Court for the Northern District of California, the Parties to the above entitled action, HAROLD VILLANUEVA ("Plaintiff") and MORPHO DETECTION, LLC ("Defendant") (collectively referred to as the "Parties"), by and through their undersigned counsel, enter into the following Stipulation:

WHEREAS, Plaintiff seeks to file a Third Amended Complaint (a copy of which is attached as Exhibit A), with the Court;

WHEREAS, the Third Amended Complaint differs from the Second Amended Complaint in the following respects:

a) Plaintiff adds additional causes of action under California Labor Code §§ 201 et seq., and the Federal Fair Labor Standards Act (FLSA).

b) Plaintiff clarifies the class definition.

c) Minor spelling and grammatical errors are corrected.

WHEREAS, Defendant does not oppose the filing of this proposed Third Amended Complaint.

NOW THEREFORE, the Parties stipulate as follows:

1. Plaintiff may have leave to file a Third Amended Complaint a copy of which is attached hereto as Exhibit "A."

2. The Third Amended Complaint attached hereto shall be and hereby is deemed filed and served on all Parties as of the date of the Court's Order on this Stipulation.

3. Defendant does not need to file a response to Plaintiff's Third Amended Complaint, and Defendant's Answer to Plaintiff's Second Amended Complaint shall be deemed to be the response to the Third Amended Complaint.

4. The fact that Defendant has stipulated to the foregoing is not intended to be, and should not be construed as, an admission by Defendant that it accepts, concedes, or admits the allegations asserted in the Third Amended Complaint. Despite this Stipulation, Defendant retains all rights and defenses available to it in response to the allegations, claims and matters asserted in the Third Amended Complaint.

IT IS SO STIPULATED.

PURSUANT TO STIPULATION, IT IS ORDERED AS FOLLOWS:

Plaintiff is granted leave to file a Third Amended Complaint. The Third Amended Complaint attached to the Parties' Stipulation for Leave to File a Third Amended Complaint shall be and hereby is deemed filed and served on all Parties as of the date the Court enters the Order granting the JOINT STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO FILE THIRD AMENDED COMPLAINT. Defendant's Answer to Plaintiff's Second Amended Complaint shall be deemed to be the response to the Third Amended Complaint.